By: Phelan, Fallon, Simmons, Cain H.B. No. 3021
A BILL TO BE ENTITLED
AN ACT
relating to indemnification and duties of engineers and architects
under certain governmental contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2254.0031, Government Code, is amended
to read as follows:
Sec. 2254.0031. INDEMNIFICATION. (a) A state governmental
entity may require a contractor selected under this subchapter to
indemnify or hold harmless the state from claims and liabilities
resulting from the negligent acts or omissions of the contractor or
persons employed by the contractor. A state governmental entity
may not require a contractor to indemnify, [or] hold harmless, or
defend the state for claims or liabilities resulting from the
negligent acts or omissions of the state governmental entity or its
employees.
(b) Notwithstanding any other provision of law, Sections
271.904(a)-(e) and (g), Local Government Code, apply to a contract
for architectural or engineering services between an architect or
engineer selected under this subchapter and a state agency as
defined by Section 2052.101.
SECTION 2.
Section 271.904, Local Government Code, is
amended by amending Subsection (d) and adding Subsection (g) to
read as follows:
(d) A contract for engineering or architectural services to
which a governmental agency is a party must require a licensed
engineer or registered architect to perform services:
(1) with the professional skill and care ordinarily
provided by competent engineers or architects practicing [in the
same or similar locality and] under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the
ordinary professional skill and care of a competent engineer or
architect.
(g) Nothing in this section prohibits a governmental agency
in a contract for engineering or architectural services to which
the governmental agency is a party from including and enforcing
conditions that relate to the scope, fees, and schedule of a project
in the contract.
SECTION 3. Section 2254.0031, Government Code, as amended
by this Act, applies only to a contract for which a request for
proposals or a request for qualifications is first published or
distributed on or after the effective date of this Act. A contract
for which a request for proposals or a request for qualifications is
first published or distributed before the effective date of this
Act is governed by the law in effect on the date the request was
published or distributed, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2017.